Counter Service | Terms & Conditions

Effective as of September 30, 2025.

Welcome to Counter Service (“Counter Service” “we,” “us” or “our”)!

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS” or “TERMS OF SERVICE”) CAREFULLY. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND COUNTER SERVICE.

These Terms govern your use, and Counter Service’s provision to you of any Counter Service product or service that contains a link to these Terms, including any website operated by or on behalf of Counter Service with a link to these Terms (collectively, the “Site”), any mobile application offered by Counter Service with a link to these Terms (collectively, the “App” or “Application”), any in-store, self-service kiosk or other device operated by or on behalf of Counter Service that references these Terms (collectively, the “Kiosks”) and any content, information, services, features, or resources available or enabled on the Site, Kiosks and the App (collectively, the “Services”).

Your use of the Services is also subject to certain supplemental terms, conditions, and policies that we separately post on the Services and any agreements that you have separately executed with Counter Service (collectively, “Supplemental Terms”). The Supplemental Terms are expressly incorporated by reference into these Terms of Service (together, the “Agreement”) and include, without limitation:

∙ the Counter Service Coupon Terms;

∙ the Counter Service SMS Terms and Conditions; and

∙ the Counter Service Loyalty Terms.

To the extent there is any conflict between these Terms of Service and any Supplemental Terms, the Terms of Service will control with respect to the Services or feature to which the Supplemental Terms relate.

ACCEPTANCE

BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; AND (ii) YOU ARE NOT A PERSON OR ENTITY BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF YOU ARE A USER UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, YOU AGREE THAT YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT OR LEGAL GUARDIAN AND HE OR SHE AGREES TO THESE TERMS AND OUR PRIVACY POLICY ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THESE TERMS. IF THE INDIVIDUAL ENTERING INTO THE AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREES THAT: (i) THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND SUCH INDIVIDUAL; AND (ii) THAT THE INDIVIDUAL ENTERING INTO THE AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

IMPORTANT INFORMATION ABOUT ARBITRATION, CONSENTS AND UPDATES TO THE AGREEMENT

PLEASE BE AWARE THAT SECTION 14 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND Counter Service. AMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EXCEPT AS OTHERWISE SPECIFIED, YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE BE AWARE THAT SECTION 6 (COUNTER SERVICE COMMUNICATIONS) OF THE AGREEMENT CONTAINS TERMS CONCERNING YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATIONS.

THE AGREEMENT IS SUBJECT TO CHANGE BY COUNTER SERVICE IN COUNTER SERVICE’S SOLE DISCRETION AT ANY TIME. When changes are made, Counter Service will make a new copy of the Terms on the Site and, to the extent applicable, in the App, and any new Supplemental Terms will be made available from within, or through, the aﬀected Services. We will also update the “Last Updated” date at the top of the Terms. If we make material changes to the Terms, we may (and, where required by law, will) also provide notiﬁcation of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as deﬁned in Section 2.1) or another manner through the Services (which may include posting an announcement on the Site or App). Counter Service may require you to provide consent to the updated Agreement in a speciﬁed manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE, AND AS APPLICABLE, THE APP TO VIEW THE THEN-CURRENT TERMS.

1. USE OF THE SERVICES.

1.1 The Services. The Services enable you and other consumers to place orders for Menu Oﬀerings (each, an “Order”) directly via the Site, the App or the Kiosks for pick-up in one of our “brick and mortar” restaurants or for convenient delivery by an independent driver to a location of your choice.

Please note that once you make a request for Services, you may no longer have the option to reschedule or cancel your order. If Counter Service is able to reschedule or cancel your request, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf. We may require minimum amounts to place an Order via the Services and we may also cap Orders at a maximum amount per Order. Please check the services to verify these amounts.

1.2 Rights to use the Services. The Services, and any parts thereof, are protected by copyright laws throughout the world. Subject to the Agreement, Counter Service grants you the right to access and use the features and functionality of the Site. Unless otherwise speciﬁed by Counter Service in a separate license, your right to use any part of the Services is subject to the Agreement. Counter Service, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any part of the Services terminates the licenses granted by Counter Service pursuant to the Agreement.

1.3 Application License. For any App made available as part of the Services, Counter Service grants you, subject to your compliance with the Agreement, a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal use.

1.4 Updates. You understand that the Services are evolving. You acknowledge and agree that Counter Service may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to the Agreement.

1.5 Certain Restrictions. By accessing and using the Services you agree that you will not, and will not permit any third party to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or any portion of the Services, including the App, or any content displayed thereon; (b) use any metatags or other “hidden text” using Counter Service’s name or trademarks; ( c ) frame or utilize framing techniques to enclose any trademark, logo, or other Counter Service content (including images, text, page layout or form) of Counter Service; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse-compile or reverse-engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) access or use the Services in order to build a similar or competitive website, product, or service; and (f) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages or components of the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from web pages in the Services for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials). All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

1.6 No Support or Maintenance; Necessary Equipment. You acknowledge and agree that Counter Service will have no obligation to provide you with any support or maintenance in connection with the Services. As between us and you, you are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

1.7 Ownership. Excluding any User Content that you may provide (deﬁned in Section 4.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Counter Service or Counter Service’s suppliers. Neither the Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1. Counter Service and its suppliers reserve all rights not granted in the Agreement. There are no implied licenses granted under the Agreement.

2. REGISTRATION AND ACCOUNTS.

2.1 Registration and Account Creation. In order to access and use certain features of the Services, you may need to register or create an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form, including (but not limited to) your name, an e-mail address and password. You agree to provide information required for your use of the Services that is, and to update such information so it remains, true, accurate, current and complete. Counter Service reserves the right to establish eligibility criteria to use the Services, and in some cases, at our sole discretion, impose limitations or restrictions on certain Accounts including, but not limited to, deletion of Accounts.

2.2 Social Networking Site. You may be able to access the Services through a social network service (“SNS”) as part of the functionality of the Services. You may link your Account with an SNS, by allowing Counter Service to access your SNS, as is permitted under the applicable terms and conditions that govern your use of each SNS. You represent that you are entitled to grant Counter Service access to your SNS account (including, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable SNS. By granting Counter Service access to any SNS accounts, you understand that Counter Service may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services that you have provided to and stored in your SNS account (“SNS Content”) so that it is available on and through the Services. Unless otherwise speciﬁed in the Agreement, all SNS Content shall be considered to be User Content (as deﬁned below). Depending on the SNS account you choose and subject to the privacy settings that you have set in such SNS account, personally identiﬁable information that you post to your SNS account may be available on and through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Counter Service DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Counter Service is not responsible for any SNS Content, including but not limited to, accuracy or legality of, or infringement by, the SNS Content.

2.3 Account Responsibilities. You are responsible for maintaining the conﬁdentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Counter Service of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You agree not to create an Account using a false identity or false information, or on behalf of someone other than yourself. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. Counter Service cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3. PAYMENT.

3.1 Third-Party Payment Provider. Counter Service currently uses Olo Inc. (“Olo”) to facilitate payment processing for Orders placed through the Services. Olo may use one or more third-party payment service providers (e.g., Stripe, Adyen, Braintree, and others) to process your payments (each, a “Payment Processor”). By placing an Order on the Services, you agree that Counter Service may share the information and payment instructions you provide with Olo and the applicable Payment Processor to the minimum extent necessary to complete your transaction. You also agree:

(a) Olo. Your payments are processed by Olo, and by making a payment you agree to be bound by Olo’s Terms of Service (currently accessible at: https://www.olo.com/terms-of-use) and Privacy Policy (currently accessible at: https://www.olo.com/privacy-notice).

(b) Stripe. If your payment is processed by Stripe, you agree to be bound by Stripe’s Privacy Policy (currently accessible at: https://stripe.com/privacy) and its Terms of Service (currently accessible at: https://stripe.com/legal/ssa).

( c ) Other Payment Methods. If you make any payment using a third-party wallet or service (such as Google Pay, Apple Pay, or UnionPay), you agree to be bound by that provider’s applicable terms and privacy notice, in addition to Olo’s terms.

3.2 Payment. You agree to pay all fees or charges (“Fees”) to your Account in accordance with the fees, charges and billing terms in eﬀect at the time a Fee is due and payable. By providing Counter Service and/or our Payment Processor with your payment method (e.g., valid credit card), you agree that Counter Service and/or our Payment Processor is authorized to immediately invoice your Account for all Fees due and payable to Counter Service hereunder and that no additional notice or consent is required. You shall immediately notify Counter Service of any change in your payment information to maintain its completeness and accuracy. Counter Service reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have suﬃcient funds or credit available upon placement of any order to ensure that the Fees can be paid.

3.3 Refunds. Unless otherwise determined by Counter Service, all Fees for the Services are non-refundable. If you have any requests for a refund, or if you think a correction should be made to any Fees you incurred visit the “Help” tab in your Account to initiate such requests within thirty (30) days after you incurred such Fees] or we will have no additional responsibility and you waive your right to later dispute the amounts charged. After reviewing the details in connection with any payment dispute, we may, at our sole discretion, issue you a refund or credit to use toward future Orders on the Services.

3.4 Gratuity. Counter Service does not allocate any portion of your payment as a tip or gratuity to the in connection with any delivery Orders you place via the Services. You acknowledge and agree that, while you are free to provide additional payment as a gratuity to any [driver] who provides you with food Orders obtained through the Service, you are under no obligation to do so.

3.5 Taxes. The Fees do not include any Sales Tax (deﬁned below) that may be due in connection with the Service provided under this Agreement. If Counter Service determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Counter Service shall collect such Sales Tax in addition to the Fees. If any services, or payments for any orders, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Counter Service, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify Counter Service for any liability or expense Counter Service may incur in connection with such Sales Taxes. Upon Counter Service’s request, you will provide it with oﬃcial receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

4. USER CONTENT.

4.1 User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Services (e.g., information you include in your proﬁle, content you upload into the Site or App). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identiﬁes you or any third party. You hereby represent and warrant that your User Content does not violate Section 5. You further represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Counter Service. Because you are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 5. Counter Service is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Counter Service an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in connection with the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

4.3 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate Section 5 or any other provision of the Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 12, and/or reporting you to law enforcement authorities.

4.4 Feedback. If you provide Counter Service with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Counter Service all rights in such Feedback and agree that Counter Service shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Counter Service will treat any Feedback you provide to Counter Service as non-conﬁdential and non-proprietary. You agree that you will not submit to Counter Service any information or ideas that you consider to be conﬁdential or proprietary.

5. ACCEPTABLE USE POLICY.

You agree not to: (a) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; ( c ) abuse other users’ personal information that you receive through the Services, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (f) interfere with any other user’s use and enjoyment of the Services; (g) impersonate any person or entity, including any employee or representative of Counter Service; (h) record or screen-capture Content that is made available to you on the Services; or (i) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt ﬁle).

6. COUNTER SERVICE COMMUNICATIONS.

6.1 Generally. You may have the opportunity to provide us with your phone number or e-mail address. By providing your phone number or e-mail address to us, you consent to receive SMS/text messages, and e-mail communications from Counter Service. For more information on our SMS practices, please review our SMS Terms and Conditions.

6.2 We may sometimes send you e-mail communications about our products and services. You will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO CONTINUE TO RECEIVE PROMOTIONAL E-MAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.

6.3 Electronic Communications. The communications between you and Counter Service use electronic means, whether you use the Services or send us e-mails, or whether Counter Service posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Counter Service in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Counter Service provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not aﬀect your non-waivable rights, or your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

7. INDEMNIFICATION.

You agree to indemnify and hold Counter Service (and its oﬃcers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, ( c ) your violation of the Agreement, or (d) your violation of applicable laws or regulations. Counter Service reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Counter Service. Counter Service will use reasonable eﬀorts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. THIRD-PARTY SERVICE; OTHER USERS

8.1 Third-Party Links and Applications. The Services may contain links to third-party websites and services, and applications for third parties (collectively, “Third-Party Links and Applications”). Such Third-Party Links and Applications are not under the control of Counter Service, and Counter Service is not responsible for any Third-Party Links and Applications. Counter Service provides access to these Third-Party Links and Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Applications. You use all Third-Party Links and Applications at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Applications, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links and Applications.

8.2 Other Users. Each user of the Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. You agree that Counter Service will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Services, we are under no obligation to become involved. Provided, however, we reserve the right to intercede in such disputes at our sole discretion.

8.3 Third-Party Application Access. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function.

8.4 Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a) You acknowledge and agree that (i) this Agreement is concluded between you and Counter Service only, and not Apple, and (ii) Counter Service, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

( c ) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Counter Service and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Counter Service.

(d) You and Counter Service acknowledge that, as between Counter Service and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Counter Service acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Counter Service and Apple, Counter Service, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

(f) You and Counter Service acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

9. RELEASE.

You hereby release and forever discharge Counter Service (and our oﬃcers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including interactions with any other users of the Services or any Third-Party Links and Applications). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially aﬀected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Counter Service or for fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

10. DISCLAIMERS.

10.1 Generally. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. WE HAVE NO LIABILITY FOR RESULTS IN CONNECTION WITH THE SERVICES OR THE ACTIONS OR OMISSIONS OF ANY USER. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT WHETHER PROVIDED BY Counter Service OR ANOTHER USER OF THE SERVICES. Counter Service (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10.2 Menu Oﬀerings. [Menu oﬀerings are made available on an automated basis and include certain items (e.g., condiments, drinks, meals) oﬀered by us or our third-party suppliers. We take, and we urge our suppliers to take, reasonable eﬀorts to accurately identify the contents of the Menu Oﬀerings and, as an example, to identify which of the eight major allergens (wheat, egg, soy, milk, treenuts, peanuts, ﬁsh, and shellﬁsh) are included in the applicable Menu Oﬀering and/or are processed at our manufacturing facilities; however, Counter Service does not guarantee the accuracy of such identiﬁcation in connection with any such Menu Oﬀerings.] The Services may contain information about Menu Oﬀerings that are not available at every location. A reference to a Menu Oﬀering on the Site or the App does not imply or guarantee that it is or will be available at your location or at the time you place your Order.

11. LIMITATION ON LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Counter Service (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PART THEREOF, EVEN IF Counter Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) AND (B) THE AMOUNTS PAID OR PAYABLE TO COUNTER SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Counter Service AND YOU.

12. TERM AND TERMINATION.

Subject to this Section, the Agreement will remain in full force and eﬀect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of the Agreement. Upon termination of your rights under the Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Counter Service will not have any liability whatsoever to you for any termination of your rights under the Agreement, including for termination of your Account or deletion of your User Content. Even after your rights under the Agreement are terminated, the following provisions of the Agreement will remain in eﬀect: Sections 1.5, 1.6, 1.7, 2.3, and 3 - 15.

13. COPYRIGHT POLICY.

Counter Service respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notiﬁcation (pursuant to 17 U.S.C. § 512( c )) must be provided to our designated Copyright Agent:

your physical or electronic signature; identiﬁcation of the copyrighted work(s) that you claim to have been infringed; identiﬁcation of the material on our services that you claim is infringing and that you request us to remove; suﬃcient information to permit us to locate such material; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notiﬁcation is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notiﬁcation automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notiﬁcation and allegation of copyright infringement.

The designated Copyright Agent for Counter Service is:

Designated Agent: Lauren O’Meara

Address of Agent: 511 6th Ave 102, New York, NY 10011

Telephone: (929) 255-4545

Email: lauren.omeara@CounterService.com

14. ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Counter Service and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

14.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Counter Service agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Counter Service may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Counter Service may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

14.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Counter Service. If that occurs, Counter Service is committed to working with you to reach a reasonable resolution. You and Counter Service agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Counter Service therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Counter Service that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to info@counterservice.com or regular mail to our oﬃces located at Counter Service, 511 6th Avenue #102 New York, NY 10011. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

14.3 Waiver of Jury Trial. YOU AND COUNTER SERVICE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Counter Service are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

14.4 Waiver of Class and Other Non-Individualized Relief. YOU AND COUNTER SERVICE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 14.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Counter Service agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Counter Service from participating in a class-wide settlement of claims.

14.5 Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Counter Service agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Counter Service otherwise agree, or the Batch Arbitration process discussed in Section 14.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and Counter Service agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

14.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 14.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

14.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 14.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 14.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 14.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 14.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 14.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Counter Service need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

14.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Counter Service agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Counter Service by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Counter Service.

You and Counter Service agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

14.10 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Counter Service, 511 6th Avenue #102 New York, NY 10011within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

14.11 Invalidity, Expiration. Except as provided in Section 14.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Counter Service as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

14.12 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Counter Service makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Counter Service at Counter Service, 511 6th Avenue #102 New York, NY 10011, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Counter Service will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

15. GENERAL.

15.1 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Counter Service and not with the App Store. Counter Service, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneﬁciaries of the Agreement and will have the right to enforce it. You acknowledge that neither Apple nor Google (each, an “App Provider”) has any obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App Store-Sourced Application to you and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Counter Service and the App Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Counter Service. You and Counter Service acknowledge that, as between Counter Service and the App Provider, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and ( c ) claims arising under consumer protection or similar legislation. You and Counter Service acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between Counter Service and an App Provider, First Party, not the App Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

15.2 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Counter Service’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

15.3 Force Majeure. Counter Service shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, ﬁre, ﬂoods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15.4 Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. To the extent the parties are permitted under the Agreement to initiate litigation in a court, both you and Counter Service agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.

15.5 Notice. Where Counter Service requires that you provide an e-mail address, you are responsible for providing Counter Service with your most current e-mail address. In the event that the last e-mail address you provided to Counter Service is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Counter Service’s dispatch of the e-mail containing such notice will nonetheless constitute eﬀective notice. You may give notice to Counter Service at the following address: Counter Service, 511 6th Avenue #102 New York, NY 10011. Such notice shall be deemed given when received by Counter Service by letter delivered by nationally-recognized overnight delivery service or ﬁrst-class postage prepaid mail at the above address.

15.6 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

15.7 Severability. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reﬂect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and eﬀect.

15.8 International Users. The Site and other parts of the Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Counter Service intends to announce such services or content in your country. The Services are controlled and oﬀered by Counter Service from its facilities in the United States of America. Counter Service makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

15.9 Export Control. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Counter Service, or any products utilizing such data, in violation of the United States export laws or regulations.

15.10 Copyright/Trademark Information. Copyright © 2024, Counter Service All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. All goodwill generated from the use of any Counter Service Marks will inure to Counter Service’s beneﬁt.

15.11 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at the contact information below. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

15.12 Entire Agreement. The Agreement is the ﬁnal, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

15.13 Contact Information:

Counter Service

511 6th Avenue #102

New York, NY 10011

USA

Email: support@counterservice.com

SMS TERMS & CONDITIONS

These SMS Terms and Conditions (“SMS Terms and Conditions”) by Counter Service, (“Counter Service”, “we”, “our” or “us”) govern your use, and our provision of any Counter Service Message Service (as deﬁned below).

These SMS Terms and Conditions are hereby incorporated by reference into the Counter Service Terms of Service located at Terms & Conditions (“Terms”).

Capitalized terms used in these SMS Terms and Conditions but not otherwise deﬁned herein will have the meaning given to them in the Terms.

Counter Service may oﬀer one or more mobile message programs (collectively, the “Message Service”) that allow users to receive SMS/MMS mobile messages by opting-in such as through online or application-based enrollment forms.

By opting-in, regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by these SMS Terms and Conditions.

We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you.

Message and data rates may apply.

By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number.

The messages sent through the Message Service may include service-related updates such as notiﬁcations alerting you to the status of an order you have placed with Counter Service, pickup instructions, and other communications to facilitate your access to our oﬀerings.

You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or diﬀerent technology.

Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services.

While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system.

Message frequency varies.

If you do not wish to continue participating in a Message Service program we oﬀer, reply with the keyword STOP to any mobile message you receive from that program to opt out.

You may receive an additional mobile message conﬁrming your decision to opt out.

You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP keyword command and you agree that that we and our service providers will have no liability for failing to honor such requests.

To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately.

For Message Service support or assistance, email us at support@counterservice.com.

Please note that the use of this email address is not an acceptable method of opting out of the Message Service.

We may change any short code or telephone number we use to operate the Message Service at any time with notice to you.

You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages.

The Message Service may not be available in all areas or supported by all carriers or all devices.

Check with your carrier for details.

Delivery of mobile messages is subject to eﬀective transmission from your wireless carrier/network operator and is outside of our control.

We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages.

If you decide to change your mobile phone number, you agree to ﬁrst opt out of each Message Service program in which your number is enrolled.

COUPON CODES TERMS & CONDITIONS

These Terms and Conditions (“Coupon Terms”) govern the use of coupon codes on counterservice.co. By using a coupon code on the Site, you agree to comply with and be bound by these Coupon Terms.

These Coupon Terms are hereby incorporated by reference into the Counter Service Terms of Service located at Terms & Conditions (“Terms”).

Capitalized terms used in these Coupon Terms but not otherwise deﬁned herein will have the meaning given to them in the Terms.

1. Eligibility. Coupon codes are only valid for purchases made through the Site and Apps. Coupon codes are provided for individual use only and may not be transferred, shared, or resold. You must meet all speciﬁed criteria for coupon eligibility (e.g., minimum purchase, applicable product categories, etc.) as mentioned on the coupon, the Apps or the Site.

2. Coupon Code Usage. Coupon codes can only be used during the checkout process and must be applied before completing the purchase. Only one coupon code may be used per order, unless otherwise speciﬁed. Coupons cannot be applied retroactively to previously placed orders.

3. Validity and Expiry. Coupon codes have an expiration date, which is clearly stated on the coupon or the Website. Expired coupon codes are not valid and cannot be redeemed or extended.

4. Discounts and Limitations. Coupons may be subject to minimum or maximum purchase requirements. Coupons may not be applicable to certain products, including but not limited to sale items, gift cards, or certain brands, unless speciﬁcally mentioned. Discounts from coupon codes do not apply to shipping, handling, or tax charges unless explicitly stated.

5. Refunds and Returns. If a product purchased using a coupon is returned, the refund amount will be based on the actual amount paid after applying the coupon. The coupon value will not be refunded, reinstated, or transferred.

6. Misuse of Coupon Codes. Any attempt to manipulate, misuse, or exploit coupon codes, including creating multiple accounts or placing bulk orders to gain additional discounts, may result in order cancellation and restriction of future coupon code usage. In the event of fraudulent or unauthorized use, Counter Service reserves the right to cancel orders or deny coupon application at any time.

7. Right to Modify or Cancel Coupons. Counter Service reserves the right to modify or discontinue any coupon code at any time without prior notice. In cases where technical errors or system issues aﬀect the coupon code application, Counter Service reserves the right to cancel aﬀected orders and provide a refund or alternative resolution.

8. Limitation of Liability. Counter Service is not responsible for the failure of coupon codes to apply due to user error, ineligibility, or technical issues. Counter Service is not liable for any loss or inconvenience caused by the unavailability or expiration of a coupon code.

9. Governing Law. These Coupon Terms are governed by and construed in accordance with the laws of New York, and any disputes arising from the use of coupon codes will be subject to the exclusive jurisdiction of the courts of New York. By using a coupon code, you acknowledge that you have read, understood, and agree to be bound by these Coupon Terms.

LOYALTY PROGRAM TERMS

These Loyalty Program Terms and Conditions (the “Loyalty Terms”) apply to your access to, and participation in the loyalty program, currently referred to as Counter Points (the “Program”), which is operated by Counter Service. By accessing or participating in the Program, you agree to be bound by these Loyalty Terms and all terms incorporated by reference, including without limitation the Counter Service’s Terms of Service found at https://counterservice.com/terms/(“Terms of Service”).

These Coupon Terms are hereby incorporated by reference into the Counter Service Terms of Service located at Terms & Conditions (“Terms”).

Capitalized terms used in these Loyalty Terms but not otherwise deﬁned herein will have the meaning given to them in the Terms.

YOUR PARTICIPATION IN THE PROGRAM CONFIRMS (A) YOUR ACCEPTANCE OF THESE LOYALTY TERMS, THE TERMS OF SERVICE, AND ANY SUCH CHANGES OR MODIFICATIONS THERETO AND (B) YOUR CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THESE LOYALTY TERMS AND OUR PRIVACY POLICY FOUND AT https://counterservice.com/privacy/ (“PRIVACY POLICY”). THEREFORE, YOU SHOULD REVIEW THESE LOYALTY TERMS, THE TERMS OF SERVICE, PRIVACY POLICY, AND OTHER APPLICABLE POLICIES AND FAQS FREQUENTLY AND CAREFULLY TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO THE PROGRAM. IF YOU DO NOT AGREE TO THE LOYALTY TERMS, THE TERMS OF SERVICES, PRIVACY POLICY, OR APPLICABLE POLICIES, YOU MUST STOP PARTICIPATING IN THE PROGRAM.

THESE LOYALTY TERMS SHOULD BE REVIEWED IN TANDEM WITH OUR REWARDS PAGE AND FAQ.

1) Modifications and Termination

The Program is offered at the sole discretion of Counter Service. Except as otherwise expressly prohibited or limited by applicable laws, Counter Service reserves the right in its sole discretion to change, limit, or modify the Program (including related policies) and/or these Loyalty Terms, with or without notice, even though such changes may affect or negate the value of Points (as defined below) or the nature of Rewards (as defined below). Counter Service may, among other things: (i) increase or decrease the number of Points awarded for an action or that are required to redeem a Reward; (ii) withdraw, limit, modify or cancel the availability of any Reward or the items for which Rewards can be used; and/or (iii) change Program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Rewards. In accumulating Points, Participants may not rely upon the continued availability of any Reward, product or service offered by Counter Service, or Program benefit. Unless otherwise expressly provided, any changes or modifications will be effective immediately upon posting the revisions to https://counterservice.com/terms/. You waive any right you may have to receive specific notice of such changes or modifications.

Without limiting the foregoing, Counter Service may terminate the Program with thirty (30) days’ advance email notice to active Participants (as defined below) with Accounts (as defined below) (using the email address on file associated with the Participant’s Program accounts). At Counter Service’ sole discretion, we may choose to substitute a similar loyalty program for the Program at any time immediately upon notice to active Participants. A Participant may not accumulate Points or claim Rewards or Program benefits after the termination of the Program. If the Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Reward claims will be honored after the conclusion of the notice period. Counter Service may terminate the availability of the Program in any jurisdiction on less than thirty (30) days’ notice if required to do so by applicable law. These rights are in addition to our ability to terminate a Participant’s participation in the Program for Participant’s Fault pursuant to Section 4.

2) Eligibility

The Program is open to individuals eighteen (18) years of age or older (or at least the age of majority in such individual’s jurisdiction if higher than 18), as of the time of enrollment, who are residents of the United States and have not previously had their participation in the Program terminated by Counter Service (“Participants”). The Program and all related benefits, amenities, offers, and awards (including without limitation Points and Rewards) are void where restricted or prohibited by law. The Program is limited to individuals for personal use only. Corporations, associations or other groups or entities may not participate in the Program. Only one account permitted per individual. The use of multiple accounts, online identities or aliases to circumvent the eligibility requirements and/or other limitations of these Loyalty Terms is prohibited and may result in exclusion from the Program and the cancellation of all related Points and Rewards.

By accepting any Program benefits, amenities, offers, awards or services, including, without limitation, any Points or Rewards, you acknowledge that you are responsible for determining whether you are eligible to receive them under applicable laws, and any gift policies and incentive policies that apply to you. You must immediately notify us if you are not eligible to receive any Program benefits, amenities, offers, awards or services at any time.

3) Enrollment

To participate, you must enroll in the Program by providing a valid phone number, which will serve as your unique Program identifier. Participants may identify themselves at checkout by providing a registered phone number, scanning a unique QR code from the receipt or digital checkout screen, or logging into their account. You are responsible for ensuring that your account information is accurate and up-to-date. Participants must have or create an online account with Counter Service (“Account”) in order to participate in the Program.

There are currently no membership fees associated with the Program.

In the event of a dispute as to the ownership of an Account, the authorized account holder of the phone number used in connection with the Program registration shall be deemed to be the owner. The “authorized account holder” is defined as the natural person to whom the phone number is assigned by a network provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers.

4) Cancellation

a) Cancellation by Participant. You may cancel your membership in the Program at any time by sending written notice of cancellation to support@counterservice.com. All unredeemed Points will be forfeited immediately upon cancellation and may not be reinstated or transferred.

b) Cancellation or Suspension by Counter Service. We may cancel your accumulated Points or Rewards redeemed, suspend Program benefits, or cancel your Program account at any time with immediate effect and without written notice, for any reason and in our sole discretion including, without limitation, if we believe you have:

● Acted in a manner inconsistent with applicable laws, regulations, or ordinances;

● Acted in an inappropriate, fraudulent, abusive or hostile manner;

● Breached or violated any of these Loyalty Terms or our Terms of Service; or

● Engaged in any misconduct or wrongdoing in connection with the Program.

Collectively, the above shall be deemed “Participant’s Fault”. Subject to applicable law, your membership in the Program will terminate automatically if you file for bankruptcy or otherwise become subject to a bankruptcy proceeding. Counter Service’s cancellation of your Program membership will not limit our rights to exercise any other legal or equitable rights or remedies.

Additionally, Counter Service also reserves the right to terminate your participation in the Program if you have not made any purchase from your Counter Service account for a period of one (1) year (i.e. an “inactive account”).

c) Effect of Membership Cancellation

The Program, Points, and other related benefits are Counter Service’s sole property and are not the property of Participants. On cancellation of membership in the Program for any reason, all unredeemed Points and other related benefits will be forfeited and a Participant will no longer be able to participate in the Program. Points and other related benefits and services have no cash value and Counter Service will not compensate or pay cash for any forfeited or unused Points. Rewards redeemed prior to the membership cancellation or Point expiration or cancellation, other than those Rewards redeemed in connection with Participant’s Fault and inactive accounts, are still valid, even if the Rewards are not yet used.

If Counter Service cancels a Participant’s account for any reason, the Participant may not reapply for membership in the Program except in very limited circumstances at Counter Service’s sole discretion, and any unauthorized account opened in the Participant’s name following such cancellation, as well as Points, Rewards and other related benefits and services earned in that account will be forfeited upon discovery.

If a Participant cancels their membership in the Program, the Participant may reapply for membership in the Program at a later date, but no Points, Rewards or other related benefits and services previously forfeited or expired will be reinstated. Such Points and Rewards will only be reinstated if such action was performed in error.

5) Earning Points

Subject to these Loyalty Terms, you can earn points (“Points”), during your active enrollment in the Program (“Membership Period”), by taking certain actions, making certain qualifying purchases, taking certain actions or achieving certain milestones.

POINTS CAN BE EARNED AS DESCRIBED IN OUR REWARDS PAGE AND FAQ. PLEASE SEE THESE PAGES FOR MORE DETAILS ON HOW TO EARN POINTS, INCLUDING ADDITIONAL WAYS POINTS CAN BE EARNED.

Participants can earn Points during their Membership Period by purchasing eligible Counter Service menu products for personal use at participating locations or through authorized digital platforms provided or made available by us, excluding Exclusions (“Qualifying Purchases”). Points will only be earned for purchases made directly at participating Counter Service locations, through the Counter Service Apps, Site or Kiosks. Purchases made through third-party delivery services or other unauthorized platforms (e.g., DoorDash, Uber Eats, Grubhub) are not considered Qualifying Purchases and will not earn Points.

No points shall be earned for amounts spent on tax, tips, catering, certain bundles or promotional items (collectively, “Exclusions”). Points are credited when you scan a unique QR code on your receipt or checkout screen, provide your registered phone number, or follow other instructions provided by Counter Service.

Counter Service reserves the right to retroactively remove Points from a Participant’s Account in the event of any cancellations, returns, or chargebacks.

6) Redeeming Points

Points may be redeemed for menu items only available at Counter Service (“Rewards”). PLEASE SEE OUR REWARDS PAGE FAQ FOR MORE INFORMATION ON HOW TO REDEEM POINTS.

Rewards are for whole items only and Points cannot be applied as partial discounts or cash equivalents. Add-ons or modifiers included with an item are included at no additional cost when redeeming a Reward. Certain items, such as hot sauce, bundles, catering, or promotional items, may be excluded from redemption.

Rewards may only be redeemed by the Participant who earned the Points. Any Rewards obtained fraudulently, for resale, or for commercial purposes are void.

You understand and agree that redemption is subject to availability. Counter Service may modify Reward offerings or Point redemption rates at any time in its sole discretion.

Rewards may be applied at checkout in-store, via kiosk or other authorized device(s), or through authorized digital platforms. Discounts from Points may not be applied to taxes or delivery/shipping fees. You are responsible for any applicable taxes on Rewards redeemed. Rewards cannot be combined with other discounts, promotions, or offers unless explicitly stated.

Counter Service reserves the right to revoke or adjust Points or Rewards for returned purchases, canceled orders, or suspected fraudulent activity.

7) Other Information Regarding Points

Points earned under the Program are promotional in nature and have no cash value. Points are not assignable or transferable and cannot be redeemed for cash or any cash equivalent except as required by law. Participants may not barter or sell Points.

Counter Service reserves the right, in its sole discretion, to revoke or void any Points which it deems, in its sole discretion, to be procured in violation of these Loyalty Terms. Chargebacks, failed payments, returns, refunds or other similar actions may reduce your Point total.

All decisions by Counter Service regarding your Points will be final and at Counter Service’ sole discretion.

You can see your total Points earned on the “Rewards” page in your Account or at the point of checkout on the Site or kiosk (or other authorized devices) when you are signed in to your Account.

8) Unauthorized Account Activities

Participants are responsible for all activity occurring under their Account. If Participant would like to report any unauthorized use of their Account, please contact us at support@counterservice.com. Counter Service is not responsible for any unauthorized redemption made with Participant’s Points.

9) Disclaimers; Releases

ANY REWARDS OR OTHER BENEFITS RECEIVED HEREIN SHALL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU HEREBY ACKNOWLEDGE THAT THE COUNTER SERVICE PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO SUCH REWARDS AND BENEFITS, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A MANUFACTURER OF SUCH REWARD OR BENEFIT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COUNTER SERVICE DISCLAIMS ALL GUARANTEES AND/OR WARRANTIES, EXPRESSED OR IMPLIED WITH RESPECT TO THE PROGRAM, POINTS, REWARDS, DISCOUNTS, AND PURCHASES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

To the fullest extent permitted by applicable law, Counter Service, its affiliates, marketing agencies, and any other party involved in the administration of the program, including such parties’ officers, directors, employees and agents (collectively, the “Counter Service Parties”) do not assume any liability or responsibility for, and by entering the Program you hereby waive and release the Counter Service Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Program and/or the receipt, use or misuse of any Points, Rewards, or Discounts, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, notifications regarding Points, Rewards, Discounts, Point claims or other information or communications relating to the Program, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Loyalty Terms or other announcements or communications relating to the Program.

For California Residents Only: You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

10) DISPUTE RESOLUTION

PLEASE NOTE THAT THE TERMS OF SERVICE CONTAIN PROVISIONS GOVERNING HOW DISPUTES BETWEEN COUNTER SERVICE AND YOU ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN COUNTER SERVICE AND YOU TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 14 OF THE TERMS OF SERVICE. Any dispute between you and Counter Service in connection with the Program, these Loyalty Terms, Rewards or other benefits received in connection with the Program shall be subject to such Arbitration Agreement (See Section 14 of the Terms of Service).

11) Miscellaneous

All issues and questions concerning the construction, validity, interpretation and enforceability of these Loyalty Terms shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules.

Counter Service’s failure to enforce any term or condition of these Loyalty Terms shall not constitute a waiver of that or any other provision. If any provision of these Loyalty Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

12) Privacy Policy

Any personally identifiable information collected during your participation in the Program will be collected and used by Counter Service and its designees for the administration and fulfillment of the Program and as otherwise described in these Loyalty Terms and the Privacy Policy.

13) Contact Us

Please feel free to contact us by email at support@counterservice.com if you have any questions or concerns in connection with the Program and/or these Loyalty Terms.